English Law of Hearsay and the 'Sole and Decisive Rule'

LAW of EVIDENCE

Table of Contents
English law of hearsay and the ‘sole and decisive rule’..............................................................3
European jurisprudence and the ‘solely or to a decisive degree’ rule.........................................3
Human Rights Act 1998 ..............................................................................................................4
Statements made outside of court proceedings...but not hearsay................................................5
Absent witnesses, non-attendance and breaches of Article 6......................................................6
REFERENCES................................................................................................................................8

English law of hearsay and the ‘sole and decisive rule’
The law of hearsay is mentioned under the Criminal Justice Act 2003. The law of
Hearsay refers to the statement that is not made at the time of oral evidence according to the
section 114(1) of the CJA act 2003. According to the law of evidence the hearsay evidence is not
admissible in the court while carrying out the criminal proceedings but it is on the discretion of
the court to consider it as admissible under the act1. It has been observed that there is no absolute
principle that sates that the conviction is based on the hearsay evidence is unfair but it can also
be said that that there are various measures in the framework of the law of hearsay which makes
the trial fair and helps in providing justice to the affected party which is observed in the case of
R v Horncastle. It has also been stated that the hearsay evidence is solely a sole or decisive
evidence upon which the whole conviction is based and also complying with the provisions of
Article 6 of the European Convention2 .In the respective case of R v Horncastle , Lord stated
various number of rules regarding the Sole or decisive rule and also further mentioned various
exception of the hearsay rule. Under section 114(1) mentions various exceptions in this reagard
which can also help in ensuring fair trial in the criminal proceedings such as any provision under
CJA makes it admissible,parties agree about the hearsay evidence and if the court is satisfied
and regard to the justice then it is admissible in the court and considered as an evidence in
ensuring justice to the parties3. As per the rule the law of hearsay is not admissible in the court
but in various situations and if the court thinks it is best in the interest of justice considers it as an
evidence and is admissible and treated as evidence while making the judgements4.
European jurisprudence and the ‘solely or to a decisive degree’ rule
From the point of view of the European jurisprudence in a case European court related to
the human rights supported the British doctor's assault conviction and it was stated that in the
Hearsay evidence can only be applied in those cases for securing the criminal conviction in the
absence of any other string evidence and states that the hearsay evidence is not made in the oral
evidence but in such situation where there is no proper evidence present before the court for
1 Birch, Diane.2019.
2 Mallow, Muzaffar Syah.2020.
3 Jackson, John D 2018.
4 Leader, Kate 2019.